TAMPA, Fla. — Landlords in Florida must now tell potential tenants about any flooding history before they sign a lease, after a new law officially went into affect Wednesday.
Florida law already required sellers to disclose any information about flood damage to potential buyers.
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But until Wednesday, landlords were not required by law to disclose the same information to tenants.
"A lot of landlords and, unfortunately, sellers take the incorrect position that they do not have the duty to disclose whether their property flooded," said Stephen Hachey, a real estate attorney.
Hachey says that, due to the recent hurricanes, most renters are already considering asking about flooding before signing, but that awareness may not last forever.
"I think it's just too new. I think down the road we will have those calls. Right now we haven't had those calls because again the flooding is top of mind for those buyers or renters," Hachey says, "Fast forward 3 years from now, right? Buyers and tenants have short-term memories. They may not go and ask, hey, did your property flood?" Hachey said.
For those looking to rent, Hachey recommends looking for signs like new drywall, carpet, or fresh paint. And to continue to ask the same questions about flood history.
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